PEOPLE v. CLEMENTE

The stop of the vehicle in which defendant was a passenger was justified by the police officer's observation of a defective headlight (see, People v. Woods, 189 A.D.2d 838). After stopping the vehicle, the officer observed defendant, who was seated in the rear seat, pushing an object from his waistband into his pants, which justified the officer's belief that defendant was armed. The officer could therefore lawfully order the occupants out of the car and frisk them in order to ensure his safety (People v. Torres, 74 N.Y.2d 224). We agree with the hearing court's observation that the officer's testimony is credible.

Concur — Rosenberger, J.P., Ellerin, Kupferman, Asch and Rubin, JJ.